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Talk:Tom Kirkman/@comment-5922861-20161209215517/@comment-27311642-20170203214735
I think youre mistaken,please correct me if you think I'm worng. Ive written why I think this in bold: :(a) ::(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President. :: If for any reason, the President or VP cannot discharge the office of President, then the speaker shall become president after removing ties to the legislative branch. ::(2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection. :: 'I believe this passage is saying the speaker will become president, if anyone in an acting capacity can no longer hold the office, by resignation, death, impeachment etc. Essentially, the passage is saying, if anyone in the in the line of succession are filled ex post factor after the current acting president is sworn in, then those offices are still in the presidential line of succession, resetting to the speaker, and not carrying on from the current presidents former position. ' ' ' :(b) ::If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President. :: The next in line is the Pro Tempore of the Senate, after removing ties to the legislative branch :© ::An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term, except that – :: Anyone in this capacity will continue to act as president, like Gerald Ford served the remaining time of Nixion's term. ::(1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; '' :: '''If the president/vp elect cannot qualify, for example, if there is issue about his edibility, then someone will act until a president or vp can qualify.' ::(2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals. :: If the president/vp, cannot act as president , for example, if both are shot, then the speaker will become acting president :(d) ::(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs, Secretary of Homeland Security. :: Line of succession ^ ::(2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service. :: I this is where our reading differ. Someone who is acting as president, will do so, until the end of a term, but no after a prior entitled is able to act. Hypothetical example of the usage of this passage: If the president and the vp are shot, the speaker becomes acting president. Lets say the president didn't survive, but the vp did, but the vp is in no condition, at that time, to execute the office of the president, for example is on a ventilator, but alive, with chance of recovery. When the vp can execute the duties of the office, he takes over form the previous eligible individual, will take over form the speaker. ' '(1)However, if a prior candidate has been classified as disabled, or does not qualify, the person who now holds the office of President will not terminate his duties if those criteria change. Eg: if the President was in a coma, and then woke up, after 2 years, the VP would still be the president. To be president, you must 35 years of age, or more, so lets so the Speaker of the house was 34 1/2, the presidency was passed to the President Pro tempore, the when the Speaker reaches 35, the President Pro tempore is still president. ::(3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President. ::Cant hold two offices at once. '' :(e) ::Subsections (a), (b), and (d) of this section shall apply only to such officers as are eligible to the office of President under the Constitution. Subsection (d) of this section shall apply only to officers appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, inability, or failure to qualify, of the President pro tempore, and only to officers not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them. ::'''You cannot be under impeachment, or not be confined by the senate in a succession level position. :(f) :* ::During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President. ::'''''Acting presidents have the power of the office of the president